July '06

Question 1

what happens when a spouse is named in a will, and there is a subsequent divorce

Answer 1

a subsequent divorce operates to revoke all provisions in favor of the former spouse in a will. in that case, if the same or subsequent will does not supercede the provision, the property passes intestate

Question 2

what happens when a party executes two wills, and the second will does not expressly revoke the first

Answer 2

barring express revocation, the second will takes effect when it is inconsistent with the first

Question 3

what happens to a tenancy in the entirety after a divorce

Answer 3

a divorce converts the tenancy in the entirety to a tenancy in common, with each party having a 50% stake

Question 4

if an anti-lapse statute does not apply, what happens if the named beneficiary of a will dies with a spouse

Answer 4

unless the will says to bob’s wife if he dies, and bob has no surviving issue, the bequest/legacy lapses and the item falls into the residue of the estate. if no one is named to inherit the reside, the items pass intestate